Case Note & Summary
The case involved a petition for divorce by mutual consent filed by the appellant-wife and respondent-husband under Section 13-B of the Hindu Marriage Act, 1955. After their statements were recorded, the wife later sought to withdraw her consent, claiming it was obtained under pressure. The District Judge initially dismissed the petition, but the High Court reversed this decision, granting a decree of divorce based on the premise that consent once given could not be unilaterally withdrawn. The Supreme Court analyzed Section 13-B, emphasizing that the filing of the petition does not itself dissolve the marriage; a joint motion is required for the court to proceed. The court noted that the waiting period of 6 to 18 months allows parties to reconsider their decision, and if one party withdraws consent during this time, the court cannot grant a divorce. The court affirmed that mutual consent must persist until the decree is finalized, overruling previous High Court decisions that suggested otherwise. Ultimately, the Supreme Court allowed the appeal, setting aside the divorce decree and emphasizing the importance of mutual consent in divorce proceedings.
Headnote
A) Family Law - Divorce by Mutual Consent - Unilateral Withdrawal of Consent - Hindu Marriage Act, 1955, Section 13-B - The court held that mutual consent is a prerequisite for passing a decree of divorce, and one party cannot unilaterally withdraw consent after filing the petition. The requirement for a joint motion under Section 13-B(2) ensures that both parties must agree until the decree is passed, affirming the necessity of mutual consent throughout the process. (Paras 275-282).
Issue of Consideration
Whether a party to a petition for divorce by mutual consent under Section 13-B of the Hindu Marriage Act can unilaterally withdraw consent before the decree is passed.
Final Decision
The Supreme Court allowed the appeal, set aside the decree for dissolution of marriage, and emphasized that mutual consent must continue until the decree is passed.
Law Points
- Divorce by mutual consent
- Unilateral withdrawal of consent
- Joint motion requirement
- Section 13-B Hindu Marriage Act
- 1955
- Jurisdiction of the court in divorce cases
